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(영문) 수원지방법원 여주지원 2019.05.17 2019고단356
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 20, 2002, the Defendant issued a summary order of KRW 150,00,000 as a fine for a violation of the Road Traffic Act (driving) from the credit branch of the Suwon District Court on August 21, 2002 to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the credit branch of the Suwon District Court on August 21, 2002, from the credit branch of the Suwon District Court on October 22, 2014 to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the credit branch of the Suwon District Court on May 17, 2018, respectively.

On March 21, 2019, at around 07:55 on May 21, 2019, the Defendant driven C Poter while under the influence of alcohol with a blood alcohol concentration of about 0.125% without a vehicle driver’s license in the section of approximately 12 km from before the house of the Sea State in which it is difficult to find out the trade name in the infinite-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. License register;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that an order to attend a lecture was punished several times due to the same kind of crime for sentencing in Article 62-2 of the Criminal Act, and the fact that drinking water in this case is high shall be considered disadvantageous circumstances, but the fact that time is human and reflect, and again, it is true that the same act of crime is not committed, etc. shall be considered as favorable circumstances.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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